2011
2011
2012-03-13
act
government
publicspecial
act.reprint
allinforce
2011-08-03
2011-08-03
0
2012-03-13
act-1987-015
2011
none
act-2011-033
a89c9415-9f2d-4ce1-9bc8-aa4e0941e5db
9c880394-df89-4c82-9c39-5644efcb2d84
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 13.3.2012.
An Act to amend the Fines
Act 1996 to make further provision with respect to work
and development orders.
1Name of
Act
This Act is the Fines Amendment
(Work and Development Orders) Act
2011.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Fines Act 1996 No
99
[1]Section 99A
Definitions
Insert “for the time being” after
“person or body approved” in the definition of approved
organisation.
[2]Section 99A, definition of
“approved person”
Insert “and enrolled for the time being in
accordance with the guidelines” after “that treatment” in
paragraph (b) of the definition.
[3]Section 99A, definition of
“guidelines”
Insert in alphabetical order:
guidelines means guidelines issued
under section 99I.
[4]Section 99B Making an
order
Omit section 99B (1) (b). Insert instead:
(b)
the person:
(i)
has a mental illness, or
(ii)
has an intellectual disability or cognitive
impairment, or
(iii)
is homeless, or
(iv)
is experiencing acute economic hardship,
or
(v)
has a serious addiction to drugs, alcohol or
volatile substances, and
[5]Section 99B (2)
(c)
Omit “(including supporting
evidence)”.
[6]Section 99B
(2A)
Insert after section 99B (2):
(2A)
If the application for the order is in relation
to a person who has a serious addiction to drugs, alcohol or volatile
substances but does not satisfy any of the other criteria referred to in
subsection (1) (b), the only activities that the person may be required to
carry out under the order are counselling and drug or alcohol
treatment.
[7]Section
99BA
Insert after section 99B:
99BAAssessments of eligibility for
orders and keeping of records
(1)
An application for a work and development order
may include an assessment by the approved person or persons supporting the
application as to whether the person for whom the order is sought meets any of
the criteria specified in section 99B (1) (b).
(2)
If such an assessment is included in the
application, the State Debt Recovery Office is to rely on that assessment when
deciding whether to make the work and development order unless it has
information that gives it reason to believe that it should not rely on the
assessment.
(3)
If an approved person supports an application for
a work and development order or includes in such an application an assessment
of eligibility for the order, the approved person is to keep records of the
supporting evidence for the application or the assessment of eligibility in
accordance with the guidelines.
(4)
The State Debt Recovery Office may, at any time,
require the approved person or persons who supported the application or made
the assessment to provide all or specified types of that supporting
evidence.
(5)
Despite section 99I, the State Debt Recovery
Office may waive a requirement that an application for a work and development
order or an assessment of eligibility for a work and development order be
supported by a particular type of evidence if it considers the circumstances
of the case warrant it.
[8]Section 99C Variation or
revocation of order
Insert at the end of section 99C (1) (b):
, or
(c)
if it is of the opinion that information provided
in, or in connection with, the application for the order is false or
misleading in a material particular, or
(d)
if it is of the opinion that information provided
in, or in connection with, a report provided to the State Debt Recovery Office
by an approved person who is supervising the person subject to the order is
false or misleading in a material particular, or
(e)
if it is of the opinion that the person subject
to the order does not meet, or no longer meets, any of the criteria referred
to in section 99B (1) (b) specified in the application for the order as a
ground for the making of the order, or
(f)
if it is of the opinion that an approved person
who is supervising compliance with the order is unable to continue with that
supervision or is in breach of any of the approved person’s obligations
under this Subdivision, or
(g)
if it is of the opinion that the person who is
supervising compliance with the order is no longer an approved
person.
[9]Section
99I
Omit the section. Insert instead:
99IWork and development
guidelines
(1)
The Minister administering the Crimes (Sentencing Procedure) Act 1999
may issue guidelines (not inconsistent with this Act or the regulations under
this Act) for or with respect to work and development
orders.
(2)
Without limiting subsection (1), the guidelines
may make provision for or with respect to the following matters:
(a)
determining the eligibility of a person for a
work and development order,
(b)
the supporting evidence required in relation to
any aspect of eligibility for a work and development
order,
(c)
the keeping of any such supporting evidence and
any other documentation in relation to the carrying out of activities under
work and development orders,
(d)
the value of the activities that are to be
undertaken under a work and development order for the purposes of satisfying
the fine to which the order relates,
(e)
the manner of making an application for a work
and development order,
(f)
the requirements for obtaining approval as an
approved organisation,
(g)
the enrolment of health practitioners as approved
persons,
(h)
the revocation of the approval of approved
organisations or enrolment of health practitioners as approved
persons,
(i)
the conditions to be complied with and the
requirements to be met by approved persons, including (but not limited to)
requirements for the auditing of documentation required to be kept by approved
persons and for the furnishing of reports on the carrying out of activities
under work and development orders.
(3)
The State Debt Recovery Office, approved persons
and other persons exercising functions under this Subdivision are required to
comply with the guidelines. However, a failure to comply with a guideline does
not affect the validity of any proceedings, decision, order or
warrant.
(4)
Nothing in subsection (3) prevents action being
taken under this Subdivision to revoke a work and development order or the
approval of an approved organisation or enrolment of a health practitioner as
an approved person.
(5)
The guidelines are to be prepared in consultation
with the Minister administering Part 8 (State Debt Recovery
Office).
(6)
The guidelines:
(a)
may be amended or replaced,
and
(b)
are to be published on the NSW legislation
website.
[10]Section 99J
Regulations
Omit section 99J (2).
[11]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Fines Amendment
(Work and Development Orders) Act
2011
Historical
notes
Table of amending
instruments
Fines Amendment
(Work and Development Orders) Act 2011 No 33. Assented to
13.9.2011. Date of commencement, 12.3.2012, sec 2 and 2012 (83) LW
9.3.2012.